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The U.S. Constitution Is Not A Suicide Pact, But ...

the European Human Rights Convention is.  This from today's Telegraph:

Terror suspects cannot be deported

Two Libyans found to pose a danger to national security are likely to be released on bail next week after a court ruled that they could not be sent back to their own country.  Siac, the special anti-terrorist court, said it was "quite satisfied" that one of the men, an Islamic extremist identified as "AS", would resume terrorist violence when he was able. The other, "DD", was also unlikely to modify his behaviour, Siac added. A map in a car at his home had marks on footpaths under a flight path to Birmingham Airport.

But the court found a "real risk" that the two men could be tortured or ill-treated in breach of the European Human Rights Convention if they were deported, despite an agreement with Libya signed in 2005. Siac warned that if they were put on trial there was also a risk of their being denied a fair hearing.

The court's finding, that it would be unlawful for John Reid, the Home Secretary, to send the men back to Libya is a major setback. They are likely to be freed within days after Siac granted them bail in principle, pending an appplication by the Home Secretary for permission to appeal. Mr Reid's lawyers had opposed bail on the grounds the Libyans would abscond if let out of Long Lartin maximum security prison, where they have been under immigration detention. However, Mr Justice Mitting, the Siac chairman, said keeping them in detention after they had won their appeal would be on the 'cusp of legality'.